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Terms of Use
Welcome to the CyberCityDesigns, Inc. ("ITSAINC") Web site (the "Site").
We maintain this web site as a service to our customers. By
accessing this Site, you agree to be bound by the terms and
conditions below (the "Terms"). Please review the following
terms carefully. If you do not agree to these terms, you should
not review information or obtain goods or products from this
site. ITSAINC may from time to time modify or revise
the Terms by updating this Web page. Your use of our Site following
any such change constitutes your agreement to follow and be
bound by the Terms as changed. If any change is unacceptable
to you, your only recourse is to terminate your use of the
Site.
1. Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect
to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement
may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and
you should review this Agreement prior to using the Site.
2. COPYRIGHT AND TRADEMARK NOTICE - The content, organization,
graphics, design, compilation, magnetic translation, digital conversion
and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use
or publication by you of any such matters or any part of the Site,
except as allowed by Section 4, is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information
and materials.
This Site and its contents, including, but not limited to, text,
photographs, graphics, illustrations, video, sound, and other material
(all such content collectively referred to as "Content") are protected
under United States and international copyright laws and are the
property of ITSAINC or its third-party licensors. All rights reserved.
All logos, splash screens, page headers, custom graphics, and button
icons displayed on this Site are service marks, trademarks, and/or
trade dress (collectively, "Marks") of ITSAINC or its third-party
licensors. Except as specifically permitted herein, copying, distributing,
transmitting, displaying, modifying, selling or participating in
the sale of, or otherwise exploiting or using any Content or any
Marks in any form or by any means without the express written permission
of ITSAINC is prohibited and may violate the copyright or trademark
laws of the United States and/or other countries.
The Site and its Contents are intended solely for personal, noncommercial
use by the users of our Site. You may download or copy the Contents
displayed on the Site for the sole purpose of using the Site as a
personal resource, provided that you maintain any notices contained
in the Content, such as all copyright notices, trademark legends,
or other proprietary rights notices. No right, title, or interest
in any downloaded materials is transferred to you as a result of
any such downloading or copying.
3. Trademarks and others are either trademarks or registered trademarks
of CyberCityDesigns. Other product and company names mentioned on the
Site may be trademarks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants you
only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No
part of any content, form or document may be reproduced in any form
or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for resale
or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our
sole discretion to edit or delete any documents, information or other
content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold
us and our partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement
or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable.
Any password or right given to you to obtain information or documents
is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
All responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or document
is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF
OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER
ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR
ANY GOODS, SERVICES OR INFORMATION.
9. Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses
by you and all information provided by you in any manner consistent
with our Privacy Policy.
10. Third-Party Services. We allow access to or advertise third-party
merchant sites ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or control
the products or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between
you and Merchants. You agree that use of such Merchants is AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will apply
to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations
or commitments on behalf of the other.
12. Privacy Policy. Our Privacy Policy, as it may change from time
to time, is a part of this Agreement.
13. Payments. You represent and warrant that if you are purchasing
something from us or from Merchants that (i) any credit information
you supply is true and complete, (ii) charges incurred by you will
be honored by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including any applicable
taxes.
14. Securities Laws. This Site may include statements concerning
our operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as
well as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans,"
"
intends" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
15. Links to other Web Sites. The Site contains links to other Web
sites. We are not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion
of any linked Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
16. Copyrights and Copryright Agents. We respect the intellectual
property of others, and we ask you to do the same. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been
infringed;
(c) A description of where the material that you claim is infringing
is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
(f) A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site is Gary Johnston who can be reached as follows:
By mail:
Gary Johnston, President
1429 Canal Point Road, Suite 100
Longwood, Fl 32750
By phone: (407) 265.3800
By email: Gary.Johnston@itsalliances.com
YOUR COMMENTS
We appreciate your comments, remarks, feedback, suggestions, ideas,
and other submissions you disclose or transmit to us (collectively, "Comments").
You grant ITSAINC and its affiliates a perpetual, irrevocable, worldwide,
royalty-free right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works of, distribute, publicly
perform, and publicly display (in whole or in part) your Comments,
your name, and any related copyrights, moral rights, or other intellectual
property rights.
PRIVACY
It is our policy to respect the privacy of individuals who visit
the Site or provide Comments to us. Our privacy policy (the "Privacy
Policy"), which you may view at http://www.itsalliances.com/privacy.asp,
is incorporated herein by reference. By accepting these Terms, you
expressly consent to the use and disclosure of your personally identifiable
and other information as described in the Privacy Policy.
LINKED SITES
This Site may contain links to other Web sites ("Linked Sites").
ITSAINC does not operate or control any information, products, or
services on the Linked Sites and does not endorse or approve any
products or information offered at Linked Sites. You acknowledge
and agree that your access or use of any Linked Site is at your own
risk.
DISCLAIMER
THIS SITE, ITS CONTENTS, AND ALL INFORMATION, PRODUCTS, AND SERVICES
CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND. ITSAINC EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS
AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE. ITSAINC DOES NOT WARRANT THAT
THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, UNINTERRUPTED,
SECURE, OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION
ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
INDEMNIFICATION
You agree to defend, indemnify, and hold ITSAINC harmless from and
against any and all claims, losses, damages, liabilities, costs,
and expenses, including attorneys' fees, arising from or related
to your (i) use of the Site(s) or (ii) violation of any of these
Terms.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ITSAINC BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR
USE OF OR INABILITY TO USE THIS SITE OR GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THIS SITE, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, EVEN IF ITSAINC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ITSAINC's total liability for
any claim arising from or related to your use of this Site shall
not exceed one hundred dollars (US$100).
MISCELLANEOUS
These Terms are governed by and shall be construed in accordance
with the laws of the State of Florida without giving effect to any
principles of conflicts of law. If any provision of these Terms shall
be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions. These Terms
are effective unless and until terminated by ITSAINC.
PROHIBITED CONTENT AND COMMERCE STATEMENT
CyberCityDesigns prohibits the use of Webcenter Web Sites, Roving Software
Constant Contact. Express Web Hosting, Getoutahere myEBC, Everyone.net,
and or by any company or site that engages in any of the following:
.
Provides, sells or offers to sell the following products or
content (or services related to the same): pornography or illicitly
pornographic sexual products; escort services; illegal goods; illegal
drugs; illegal drug contraband; pirated computer programs; instructions
on how to assemble or otherwise make bombs, grenades or other weapons
.
Displays material that exploits children, or otherwise exploits
children under 18 years of age
.
Posts or discloses any personally identifying information or
private information about children without their consent (or their
parents consent in case of a minor)
.
Provides material that is grossly offensive, including blatant
expressions of bigotry, prejudice, racism, hatred or excessive profanity
or post any obscene, lewd, lascivious, filthy, excessively violent,
harassing or otherwise objectionable content
.
Sells or promotes any products or services that are unlawful
in the location at which the content is posted or received
.
Introduces viruses, worms, harmful code and/or Trojan horses
on the Internet
.
Promotes, solicits or participates in pyramid schemes
.
Engages in any libelous, defamatory, scandalous, threatening,
harassing activity
.
Posts any content that advocates, promotes or otherwise encourages
violence against any governments, organizations, groups or individuals
or which provides instruction, information or assistance in causing
or carrying out such violence
In addition, CyberCityDesigns reserves the right to prohibit the use
of our vendor's products and or services sold by CyberCityDesigns to
include Roving Software Constant Contact; CyberCityDesigns Express Web
Hosting, Getoutahere-myEBC cards or by any company or site in its
sole discretion. Each user should review the policy terms of our
vendors. |
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